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The Legal Aspect of Cancellation of a Marriage Due To Formed Identity (Case of Decision Number 586 / PDT.G / 2014 / PN. JAKSEL) Riki Afri Rizki; Sriono Sriono; Risdalina Risdalina
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1972

Abstract

This article examines the legal aspects of the cancellation of marriage due to identity forgery based on the case of the South Jakarta District Court Decision Number 586 / PDT.G / 2014 / PN.JAKEL , this is regulated in Law number 1 of 1974 concerning Marriage. This research uses normative juridical research, which refers to the provisions of positive laws and regulations in Indonesia among the laws and regulations on Marriage by knowing the procedures of the marriage law and making it a guide in resolving problems in society. The results of the study found indicators of legal aspects between husband and wife that arise because of marriage between them. AThere are different nationalities, so that it becomes a study of International Civil Law and mixed marriage problems in Indonesia between Jessica Iskandar and Ludwig Frans Willibald regarding the validity of the marriage certificate so that it can be canceled and legal consequences after marriage cancellation. So there are important things that need to be considered if there is someone foreigners or non-citizens of Indonesian citizens who will conduct a mixed marriage with an Indonesian citizen. The marriage procedure is regulated in the Implementation Regulation of the Marriage Law, namely Government Regulation No. 9 of 1975 So that there are important things that need to be considered in the applicable marriage law, it should be known about the legal aspects and legal consequences according to the legal aspects in Indonesia. 
Aspects of Legal Protection in the Agreement of Selling and Purchase of Heritage Land Adi Sanjaya; Sriono Sriono; Elviana Sagala
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2280

Abstract

This study aims to identify and analyze the sale and purchase of land originating from inheritance and to analyze forms of legal protection for buyers in the event of problems in the process of buying and selling inherited land. The method used in this research is using the normative juridical method by taking primary data from the applicable laws and regulations, especially in Indonesia. The results of the study show that legal protection for buyers of inherited land is contained in Article 1492 of the Civil Code which provides an explanation that although at the time of the sale there is no promise of guarantee, the seller, by law, is obliged to bear the buyer against claims of rights through law to surrender all or part of the goods. sold to a third party
The Role of the Marine and Fisheries Office of Labuhanbatu Regency Towards the Protection of the Terubuk Fish (Tenualosa ilisha) Muhammad Rufli Zendri Batubara; Sriono Sriono; Kusno Kusno
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2163

Abstract

This study aims to determine the role of the Department of Marine Affairs and Fisheries in Labuhanbatu Regency in protecting the terubuk fish (Tenualosa ilisha). This type of research is an empirical research with a qualitative approach with the techniques used in data collection, namely: interviews and observations. The results showed that the role of the Department of Marine Affairs and Fisheries in Labuhanbatu Regency had been carried out well, namely in maintaining the population of terubuk fish and proposing regulations in the form of Decree of the Minister of Maritime Affairs and Fisheries Number 43 of 2016 concerning Protection of Terubuk Fish (Tenualosa ilisha). The inhibiting factors are:the attitude of the fishing community's behavior that does not care about the threat of the worst fish from extinction when caught on a forbidden dayand the lack of knowledge of the fishing community on the protection of the terubuk fish species (Tenualosa ilisha). Meanwhile, efforts to overcome this are by socializing, coaching and monitoringon an ongoing basis so that it is important to obey the regulations that have been set and must be truly understood by the community, especially the coastal fishermen of the Barumun River watershed.
Legality of Execution of Collateral Based on Electronic Mortgage Certificate in Bank Credit Agreement Sriono Sriono; Kusno Kusno; Risdalina Risdalina; Wahyu Simon Tampubolon; Indra Kumalasari M.
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 1 (2021): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i1.1532

Abstract

This study aims to analyze the legality of the electronic certificate of mortgage in the context of executing the guarantee if the debtor defaults or defaults if there is a data error in the bank credit agreement. The method used in this research is the literature method with reference to the normative juridical method, namely using data sourced from secondary legal materials, namely from the prevailing laws and regulations in Indonesia. The regulations used as material are the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 3 of 2019 concerning Electronically Integrated Mortgage Services. The research results show that the certificate generated from the electronic mortgage registration system has executorial power because the mortgage certificate contains the sentence for Justice Based on the One Godhead. The sentence shows that the mortgage certificate can be used as a tool for executing collateral if the debtor defaults or defaults to pay without a court order. Sentences for Justice based on the One Godhead are equated as a judge's decision in a court. If there is a data error in the certificate and no changes are made, the execution cannot be carried out and the certificate can be canceled and the agreement in guarantee can also be canceled.
Analysis of the Impact of the Omnibus Law on Society in Terms of Law Number 13 of 2003 Concerning Manpower and Law Number 11 of 2020 Concerning Work Copyright Jefri Rahmansyah Putra; Sriono Sriono; Bernat Panjaitan
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1962

Abstract

Government prepares Law Copyright Labor by using the concept of Omnibus Law, to be used as a scheme to build the economy in order to attract investors to invest in Indonesia. Law Number 11 of 2020 concerning Job Creation has several clusters, one of which regulates employment as stated in the previous Law, namely Law Number 13 of 2003 concerning Manpower. In the employment cluster, the Government seeks to harmonize the 3 laws so that they are in line so as to provide a space for investors to open their businesses without worrying about overlapping regulations and causing losses to investors. This research menuse normative juridical methods , the concept of the Omnibus Law So far it is not clearly regulated in Law Number 11 of 2020 concerning Job Creation . The government is trying to implement the omnibus law to create jobs. But it is not balanced with regulatory substances that are able to avoid conflicts that have occurred so far. This Job Creation Act still has many weaknesses. This problem exists in changes to the provisions for leave, giving severance pay and others. These changes further narrow the space for workers / laborers to fight for their rights.
Responsibilities of Land Deed Officers (PPAT) For Selling Buying Deed Lisa Ayu Ningsih; Sriono Sriono; Elviana Sagala; Risdalina Risdalina
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.5995

Abstract

Sale and purchase are an agreement in which one party binds himself to surrender ownership of an item and the other party pays the promised price. The official who has the authority to make and ratify an authentic deed of a right to be transferred is a notary. If an agreement does not meet the subjective requirements, then the agreement can be canceled. Meanwhile, if an agreement does not meet the objective requirements, then the agreement is null and void. The type of research in this article is normative juridical research where in this study the author only takes secondary data, namely library materials obtained by the author including official documents, library books, laws and regulations, scientific works, articles, and documents. -documents related to research material. Secondary data collection throughlibrary researchis done by studying and collecting data related to the author's research. The Land Deed Making Official (PPAT) is responsible for the validity of the registration requirements for the transfer of land rights. The Land Deed Making Officer (PPAT) is also responsible to the parties for making a land deed and managing it effectively until it is completed. If there is a dispute in the Court, it is expected that the testimony of the parties, the Land Deed Official (PPAT) is only asked to be responsible for providing evidence in the form of a letter that has been made by the PPAT.
Legal Respect for Children from Sirri's Marriage in the Perspective of Islamic Marriage Law and Regulations Indonesian Law in the District Labuhanbatu Khairani Amalia Tambunan; Sriono Sriono; Risdalina Siregar
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1892

Abstract

Sirri marriage is a marriage that is legal according to the viewpoint of the Islamic religion, while a legal marriage according to the provisions of Articles 1 and 2 of the Marriage Law is that apart from being carried out on the basis of religion it must also be registered. This study aims to determine the legal consequences for children resulting from unregistered marriages based on Islamic law and statutory regulations. This study uses an empirical juridical method, which is conducting field research, in order to support data related to this research by conducting research at the Religious Courts.. The results showed that Labuhanbatu Regency is an area where many people still carry out unregistered marriages or sirri marriages. This can be seen from the data from the Rantauprapat Religious Court from 2018 until now, there have been 53 recorded cases regarding under-handed marriages that have been ordained. So that the legal consequence of the child resulting from a Sirri marriage has the status of an out-of-wedlock child and he cannot accept the rights of the child as a child from a legal marriage based on the marriage law. In the life of the nation and state, all citizens are obliged to obey and be bound by the prevailing laws and regulations in Indonesia.
Legal Analysis Of Judge's Decision On The Imposition Of Criminal Sanctions For Placement Of Illegal Indonesian Migrant Workers Study Of Decision No. 107/PID.SUS/2024/PN RHL Bambang Hermanto; Sriono Sriono; Nimrot Siahaan
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 5 (2025): IJHESS APRIL 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i5.1625

Abstract

The method used in this study is normative legal research, namely research on problems by looking at the sources of applicable regulations related to the title of Legal Analysis of Judge's Decisions Regarding the Imposition of Criminal Sanctions for the Placement of Illegal Indonesian Migrant Workers Study of Decision No. 107 / PID.SUS / 2024 / PN RHL. The legal policy stipulated in this decision is based on Article 81 of Law of the Republic of Indonesia Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, as well as other relevant laws and regulations, so that the results of the decision try and determine that the defendant has been proven legally and convincingly guilty of committing the crime of "An individual who carries out the placement of Indonesian Migrant Workers". Sentencing the defendants to a criminal sentence, therefore, with imprisonment for 8 (eight) months each. In the theory of punishment, it must be guided by the basic values ​​(grund norm) of the law itself which contain elements of justice, usefulness, and legal certainty. According to the author, in decision No. 107/PID.SUS/2024/PN RHL already contains an element of justice, because the judge does not favor one party and the punishment for the perpetrators of the crime is in accordance with the laws and regulations. The element of benefit is that the sentence imposed can have a deterrent effect on perpetrators of crimes who place Indonesian Migrant Illegal Workers illegally, also as an appeal to prospective Indonesian Migrant Illegal Workers to be more careful in choosing a company that places Indonesian Migrant Illegal Workers
Disparity Of Rokan Hilir District Court Decisions On Drug Crimes In 2024 Anton Anton; Sriono Sriono; Nimrot Siahaan
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 5 (2025): IJHESS APRIL 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i5.1626

Abstract

The method used in this article research is normative legal research, namely research on problems by looking at the sources of applicable regulations related to the title Disparity of Rokan Hilir District Court Decisions on Narcotics Crimes in 2024 The occurrence of disparities in sentencing basically starts from the sanctions contained in Law of the Republic of Indonesia No. 35 of 2009 concerning the Eradication of Narcotics Abuse, which opens up opportunities because there are minimum and maximum limits for sentencing, so that judges are free to move to get the punishment they think is appropriate. Application of criminal sanctions to perpetrators of actions. Drug Abuse based on several decisions in Indonesia is based on factors revealed in the trial, first the public prosecutor's indictment, second witness statements, third defendant's statement, fourth evidence and fifth based on articles in the legislation, Referring to the theory of justice, it can be said that the difference in imposing criminal sanctions on perpetrators of drug abuse has not touched the sense of justice either towards victims who feel disadvantaged, or towards the judge's verdict for perpetrators of drug abuse as stated in the opinion above. The difference in sentencing will have a negative impact on convicts who feel disadvantaged by the judge's decision if one convict compares him with another convict who is sentenced to a lighter sentence even though the crime committed is the same, the convict who is sentenced to a heavier sentence will become a victim of legal injustice so that the convict does not believe and does not respect the law;
Legal Responsibility Of Notaries In Making Authentic Deeds Based On The Civil Code Brian Werik; Sriono Sriono; Nimrot Siahaan
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 6 (2025): IJHESS JUNE 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i6.1671

Abstract

A notary is a public official who is authorized to make authentic deeds in accordance with the provisions of the Notary Law (UUJN). Authentic deeds have perfect evidentiary power as regulated in the Civil Code (KUHPerdata). This study aims to analyze the legal responsibility of notaries in making authentic deeds based on the Civil Code. The research method used is the normative legal method with a statutory approach and case studies. The results of the study indicate that the responsibilities of notaries include civil, criminal, administrative, and professional ethics aspects. Notaries must carry out their duties with full responsibility in order to provide legal certainty for the community.